Sistah
06-23-2005, 02:34 AM
This is such a nightmare. I have been reading the same story that happened to us on many of these posts. My fiance is completely innocent of the charges and would or could not plead guilty to anything that he had nothing to do with. Knowing his innocense and our naivity about the system, we thought that we'd just go ahead with the trial and get this over with and get on with our lives. That was four years ago. When it was over, my sweetie got fifteen years for crimes he had nothing to do with. It was such a sham. When I was trying to find out what to do next (wish I'd found PTO then) I saw the court reporter at the court room. She even confided to me that the courtroom had been the scene of the crime. So, we've done the 'routine'. And we all know how stressful that is. Getting lawyers, raising money, getting people to pay attention to the death of our rights and liberties. We lost our direct appeal, (9th circuit) and was not suggested for en banc. Many many points of appeal were just 'harmless errors' :mad: in there books. I would like to really show them 'harmless errors'...fathers, mothers, sisters, brothers, separated from their loved ones for crimes that didn't happen, for something that shouldn't be a crime, and for the length of sentences given. We have gone to the U.S. Supreme Court on statute of limitations. We had an excellent point and should be heard. The charges against my fiance were filed five years and one day after the crime happened. The courts have weaseled around the definition of title 18 statute of limitations and used rule 45 (when to submit papers to the courts) to define statute of limitations. Anyway, because of Booker/FanFan we 'won' but no one saw the case regarding the statute of limitations. We got the GRV and have gone back to the 9th. :confused: Does anyone know what we do now? I know that many direct appeals have already been sent back to the district courts. Since we all know what we all think about prosecutors :( I just prayed that someone would pay attention and we wouldn't have to go back to the district court. On pacer no new entries about what next. If we go back to the district court do we do habeus corpus or Booker/FanFan? Can we request a new trial? Each step of the way has required a new lawyer and their speciality. The third lawyer has offered to help (pro bono now) because he knows that my fiance is innocent, but because of a medical condition he needs assistance, too. Again, this is if we have to go back to the district court. :confused: Do public defenders offices work on federal cases? We do have new evidence, but considering all that we've gone through, I'm afraid that it would be dismissed. Does the Innocence Project work on such cases? I have pulled up all Booker/fanfan papers and sent them to my fiance to use in his case. Will he have to be present? Anyway, so sorry that this is so long, but just trying to stay ahead of this madness. I can't take anymore of their surprises. I can't sleep well because of this and have chipped my teeth from all the stress. Thanks to all that have any information.:heart: